[Rajya Sabha Polls for 3 seats from Kerala] Central govt says no attempt made to "arm-twist" ECI: Kerala High Court reserves orders

The Kerala High Court on Friday reserved orders in the plea challenging the Election Commission of India's (ECI) earlier notification keeping in abeyance the Rajya Sabha elections for three seats from Kerala which are due to fall vacant on April 21, 2021..The petitioners in the matter also sought the completion of the Rajya Sabha election process during the term of the incumbent CPI (M)-led Kerala Legislative Assembly, which may change in May when the results of the recently concluded Assembly elections will be announced..During the hearing of case, the ECI had assured the Court that the Rajya Sabha Polls would be held during the currency of the present regime, although a specific date for the polls was not disclosed. .Rajya Sabha polls for 3 vacant seats will be held during currency of 14th Kerala Legislative Assembly: ECI to Kerala High Court.Justice PV Asha, therefore, directed the ECI to submit a statement for its reasons for staying the original notification for the conduct of Rajya Sabha polls, which were earlier slated to be held on April 12. .Kerala High Court asks ECI to furnish reasons why it earlier postponed Rajya Sabha polls for 3 seats from Kerala.In response, Advocate Deepu Lal Mohan submitted on Friday, on behalf of the ECI that:.On the eve of notifying the Rajya Sabha elections for the three seats from Kerala, the Union Ministry of Law and Justice had raised a question over the propriety of allowing the incumbent government to decide on the Rajya Sabha members;The Law Ministry had requested that the ECI may revisit the decision to hold the elections on April 12, since by then, the constitution of the next government may have already been sealed given that elections were on April 6. To allow the incumbent government to decide on the Rajya Sabha members may, therefore, mean that the "popular will" of the people is not reflected.Since this issue of propriety was raised, the ECI kept the initial notification in abeyance and a sought legal opinion from a senior advocate. In his legal opinion, the senior lawyer opined that it would be just fair and constitutional to announce the Rajya Sabha elections after the new Legislative Assembly is constituted;The ECI ultimately concluded that it is not concerned with which Legislative Assembly nominates the Rajya Sabha MPs and that this cannot be the sole reason to defer the polls;Thus there were intervening circumstances on the eve of announcing Rajya Sabha polls earlier (i.e. when the Union Ministry of Law and Justice had raised question of propriety). This concern could not be lightly brushed away and a legal opinion was sought, before the ECI took its independent decision to conduct the polls (during the term of the present Legislative Assembly).The ECI has acted bonafide in the discharge of its obligation to conduct the Rajya Sabha elections as early as possible. There is no outer limit for the announcement of the polls under Section 12 of the Representation of Peoples Act, it was added. .The petitioners, however, asserted that the Court ought to issue a direction for the completion of elections during the term of the present Legislative Assembly, before May 2. .Senior Advocate CS Vaidyanathan argued,"I am grateful the ECI saying that they are independent, that they don't follow what the Senior Counsel says (in his legal opinion) What is preventing them from notifying? They can’t be playing games.".Whereas Mohan re-asserted that it is up to the ECI to take a call on when the elections will be held and that it is not at all in the dictates of the Ministry of Law and Justice, Vaidyanathan rebutted,"You (ECI) have decided that the (reasons of the Union Law Ministry) was not acceptable. You have decided that the advice of the lawyer is not acceptable. You have taken a decision to notify. What is withholding you. You should straightway notify. What is holding you back? That is mysterious, that is where there is a lack of bonafide....That is the mysterious hand holding the ECI back...".Senior Advocate NN Sugunapalan supported Vaidyanathan's submissions and urged the Court to issue a direction for the Rajya Sabha elections to be held in that time frame mandated by the Constitution..The Central Government intervened to assert that no aspersions should be cast on the Centre only on account of the genuine concern it had raised. The Additional Solicitor General pointed out that the Centre made the suggestion to revisit the initial Rajya Sabha poll date after a copy of the notification was marked to the Union Ministry. .If the polls were to be held on April 12, there is a possibility that Rajya Sabha members elected by the current Legislative Assembly would occupy a term longer than the present Assembly, which may not reflect the popular will of people, he submitted."There was a genuine concern," he submitted..He added that the ECI is an independent body and that it had consulted with a senior lawyer proficient in Constitutional matters before it took its decision on the issue. In this backdrop, the ASG contended that it is wrong to cast aspersions that the Central government has tried to arm twist the ECI. "The Centre has not tried to arm twist... There should not be any aspersions cast on the Central government, it is the petitioner that is trying to arm-twist the ECI", he argued. .Three seats from Kerala in the Rajya Sabha will fall vacant on April 21 when IUML's Abdul Wahab, CP(I)M's KK Ragesh and Congress' Vayalar Ravi will retire..Apprehensions had been raised that the ECI had taken the decision to keep in abeyance the elections for these three Rajya Sabha seats on account of interference by the Union Law Ministry. Objection was registered that the incumbent 14th Kerala Legislative Assembly may not be able to vote on the next three Rajya Sabha members from Kerala as it may be dissolved by then.

[Rajya Sabha Polls for 3 seats from Kerala] Central govt says no attempt made to "arm-twist" ECI: Kerala High Court reserves orders

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